Court No. - 55 Case :- APPLICATION U/S 482 No. - 42671 of 2018 Applicant :- Babu Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C., application has been filed for quashing the order dated 6.2.2018 passed by the learned Additional Sessions Judge, Court No. 8, Bulandsahar in criminal revision no. 27 of 2017 (Babu Khan Vs. State of U.P. and another) with a further prayer to modify the order dated 24.12.2016 passed by the Additional Civil Judge (S.D.), Court No.4, Bulandsahar in complaint case no. 4110 of 2016 (Babu Khan Vs. Viresh) by adding Section 420 IPC and summon the opposite party no. 2 under Sections 420, 504, 506 IPC.
Learned counsel for the applicant submits that applicant has moved application under Section 156 (3) Cr.P.C. before the CJM, Bulandsahar on 28.10.2015 against the opposite party no. 2 to register case against the opposite party no. 2 as the opposite party no. 2 has sold out the disputed shop with floor to one Sirajuddin while he has no right to sale out the floor of the shop in question and on being query made by the applicant, opposite party no. 2 has threatened the applicant. Learned counsel submits that the Magistrate concerned has treated the said application as complaint case and recorded statements under Sections 200 and 202 Cr.P.C. and summoned the opposite party no. 2 only under Sections 504 and 506 IPC. Aggrieved applicant filed criminal revision against the said summoning order and same was also rejected vide order dated 6.2.2018 and the order of CJM has been confirmed. Learned counsel submits that both the courts below have erred in law as both the orders have been passed without considering the facts of the case and without applying judicial mind, as such, this Court should come to rescue the applicant.
Learned AGA has vehemently opposed the submissions advanced by learned counsel for the applicant by contending that after considering the statements recorded under Sections 200 and 202 Cr.P.C. learned Magistrate has summoned the opposite party no. 2 under Sections 504 and 506 and revisional court also found that there is no illegality in the said summoning order.
In the present case summoning order has been passed by the CJM concerned under Sections 504 and 506 IPC after considering the overall aspect of the matter and statements under Sections 200 and 202 Cr.P.C. and, thereafter, he has found that no case is made out under Section 420 I.P.C. The said order has been challenged before revisional court and revisional court has also after appreciating the facts and evidences on record, affirmed the order of CJM.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the orders impugned as well averments made in the present application, this Court is of the opinion, that learned counsel for the applicant could not point out any legal infirmity in the order impugned or any ground, which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction.
Accordingly, the application is bereft of merit and is dismissed.
Order Date :- 29.11.2018
Shekhar [Chandra Dhari Singh, J.]